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CCCA_V5No2_Dept-Ethics-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 5/5/11 11:38 PM Page 11 Ethics “ Ultimately, any ethics program and its anti-retaliation policy will only be as strong as the culture that ” supports them. should praise and reward those who report misconduct. The The appeals process demands detailed reporting and investigating process should be focused on the and discriminating analysis of the “problem” and not the “person.”The manner in which report- existing record. It rewards the insight ing is addressed should be open and avoid negativism toward the to identify and articulate a strategy reporter. Avoid promoting attitudes that refer to reporting as upon which a case will turn. It favours “snitching” or “tattling.” those with an intimate understanding of 4. Managers should be trained on how to respond and how not the procedures and perspectives that to respond when an issue comes to their attention. This define our appeal courts and Supreme includes learning how to listen and to escalate as necessary. Court. It is an unforgiving environment Managers should understand that they must avoid shooting the messenger and showing anger upon hearing a report.Training for those who approach unprepared. of managers and employees should include examples of forms of retaliation, advice on how not to retaliate as well as how to In the appeals process, communicate with a reporting employee and colleagues about he who wins last, wins. reporting wrongdoing. Call us. 5. Managers should consistently and promptly record poor per- formance so that if a manager gives an employee an appraisal reflecting poor performance, the employee cannot effectively assert that it is retaliation for reporting misconduct. Ultimately, any ethics program and its anti-retaliation policy will only be as strong as the culture that supports them. It takes a proactive approach to ensure their effectiveness. Prevention of retaliation should be an aspect of a compliance and ethics pro- gram that continues to receive attention, undergo risk assessment Toronto: 416 867 3076 and be subject to continuous improvement so the company’s Earl Cherniak, Q.C., Kirk Boggs, Mark Freiman, approach to both reports of misconduct and preventing retaliation Kirk Stevens, Jasmine Akbarali, Brian Radnoff, continues to improve. Cynthia Kuehl London: 519 672 4510 The views expressed are those of the author Peter Kryworuk, Ian Leach, Andrew Murray, and do not represent the views of McCain Carolyn Brandow Foods Limited (or its affiliates). Lerners LLP is 100-plus lawyers with a proud history PAUL EEKHOFF is the chief legal officer at McCain Foods of 80 years of successful litigation. Christa C.Wessel B.A., LL.B., C.Dir. www.lerners.ca/appeals Limited.